It may be added that in Scotland, about 1508, it was enacted that every examinable girl or strijiling must coninnniicate in the parish church or pay a fine. In KiOO and in U)41 fines were imposed on all non-com- municants above lifteen years of age. Dr. Lee prints a portion of a session record, in whieh occurs the follow- ing: '• Jlegget, spoils to Tiiomas Clark, in Kosline, and Helen Denholme, spous to James Clerk, yr, for not com- municating at this last communion, coufessit, and credit them never to omit the said occasion, and payet 10s. Aug. 22.— Two men in Uoslin, I'or not communicating, were penitent, and payed evcrie ane of them 4.s-. Gd" Severe laws were enacted against papists or trallicking priests, and again, against all who would not conform
to prelacy in the days of the Stuarts. Ministers were banished and forbidden to preach, and torture from the thumjikin and boot in many cases was resorted to. Prot- estant penal laws against papists are as bad in princi- ple as popish penal laws against Protestants. As late as 1700, in Scotland, a statute was sanctioned by king William to the following effect: It re-enacts a great number of the old acts which make the hearing of mass a capital offence, imposes fines and imprisonment upon every man who should harbor papists, or sell them books, or remove their children out of the country with- out the authority of the presbj'tery. It then goes on to state at great length :
1. That everyone who shall seize a popish priest in the country sliall receive a reward from government : and if the priest shall attempt to ctinceal his profession, he shall be banished ; and if he should return, be put to death. 2. If any person whatever shall be found in a place where there are any of the vestments or images used in popish worship, and refuse to purge himself of popery, he shall be banished, with certificate of death if he should return. 3. That the children of papists shall be taken from them l)y their Protestant relations. 4. No papist shall purchase land; and should he do so, and the seller come to the knowledge of the fact, he shall retaiu both the price and the land, and the papist shall have no redress. 5. That no papist, above lifteen yeais of age, shall inherit any property left to him by another; and when he comes to fifteen yeais of age, if he does not then become a Protes- tant, it shall be again taken from him. 6. That it shall not be in the power of any papist to sell and dispone any her- itable property whatever. 7. That no money can be left to any Roman" Catholic institution. 8. That if any person apostatize from Protestantism to Romanism, he shall for- feit his estate to his next Protestant heir. !i. That no pa- pist can be a curator, a factor, a schoolmaster, a teacher of any kind whatevei-. 10. That no Protestant shall keep a domestic servant who is a papist. 11. The presbytery of the bounds has power to apply the oath of purgation, which was as solemn and inquisitorial as man could frame it.
■When will men learn that the forcible repression of opinion is not the way to change it? When it was pro- posed to alter some of those last penal laws. Scotland rose in terrible uproar, and the first attempt h.id to be aban- doned. Those who enjoyed freedom themselves would not allow it to others; those who had smarted under po- pery made it smart in turn, for they had not learned the lesson of toleration Eadie. See Toleration.
Penalosa, Juan be, a Spanish historical painter, was born at Baeza in 1581. He was one of the ablest scholars of Pablo de Cespedes at Cordova, and assidu- ously imitated his style. He painted some works for the churches, but more for the convents. His picture of St. Barbe, at the cathedral of Cordova, is said to be a magnificent performance, executed entirely in the style of his master. Penalosa died in 1G3G. See Spoon- er, Bioff. Diet, of ike Fine Arts, ii, 0(59.
Penalties of the Mosaic Law. In this the con- trolling princijile was the simple and natural, and there- fore in early times general, one of recompense or re- venge (Wachsmuth, Hellen. Alterth. ii, 118), the lex ta- lionis (see Kothmaier, Jus Talionis, Jen. 1700; corap. Polyb. v, 9, C), which was directed even against beasts (Exod. xxi. 23 sq., 28 ; Lev. xxiv, 17 sq. : Dent, xix, 16 sq. ; comp. (ien. ix. 5 ; 1 Kings xxi, 19), and the kindred notion of compensation for private trespasses (E.xod. x.xi, 36; xxii, 1, 3; 2 Sam. xii, 6). The design of de- terring men from wrong by terror was held in view (Dent. xvii. 13; xix, 20; xxi, 21) ; but this should not (with Michaelis, Mos.Recht,\, 6 sq. ; and Kleinschrod, Peinl. Recht, ii, 138) be pressed too far, although it can- not be (with Welker, I.etzte Griinde, p. 292) wholly de- nied. This principle of revenge is found also in the an- cient legislation of the (ireeks, Komans, and Egyptians (on the last, .see esp. Diod. Sic. i, 75). The particular penalties among the Israelites consisted in death, stripes, imprisonment, anil in the payment of sums of money, which were either fixed by the law (Dent, xxii, 19, 29), or left to the determination ofthe injured party (I'^xod. xxi, 22), or took the jdace of certain personal penalties (ver. 29 sq.), for the redemption of which in this way